P SUBRAMANIAM Vs. K NARAVANA BHAT

JUDGEMENT

(1.) THIS Criminal appeal has been preferred by the complainant against the judgment of acquittal, dated 03. 04. 2001 made in c. C. No. 447 of 2000 on the file of the Judicial Magistrate No. I, Erode.

(2.) THE brief facts of the case are as follows: On the complaint given by the appellant/complainant, under Section 138 r/w 142 of Negotiable Instruments Act, the case in C. C. No. 447 of 2000 was taken on file by the trial court. According to the appellant/complainant, the respondent had received Rs. 3,00,000/- from him, on 24. 03. 2000 and issued two cheques, one for a sum of Rs. 2,00,000/- and another for a sum of Rs. 1,00,000/- drawn on Syndicate Bank, Puthur Branch and as requested by the respondent/accused, he presented the cheque for collection on 29. 04. 2000, but the same was dishonoured on account of insufficient funds on 04. 05. 2000. Subsequently, the appellant/complainant issued a legal notice, for which the respondent/accused sent a reply denying the averments, subsequently, the appellant filed the case.

(3.) MR. N. Manokaran, learned counsel appearing for the appellant would contend that the trial court has failed to note that Section 139 of Cr. P. C. creates a statutory presumption that the cheque, is always issued in discharge of debt or other liability and that the trial court wrongly shifted the burden of proof on the appellant/complainant.